Certain Water Filters and Components Thereof; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 63676-63677 [2019-24860]
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Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
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Monday, December 2, 2019, prior to the
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chisholm@nps.gov or Joshua T. Ream,
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Purpose of the Meeting: The agenda
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5, 2019.
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17:41 Nov 15, 2019
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Authority: 5 U.S.C. Appendix 2.
Shirley Sears,
Acting Chief, Office of Policy.
[FR Doc. 2019–24881 Filed 11–15–19; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1126]
Certain Water Filters and Components
Thereof; Issuance of a General
Exclusion Order and Cease and Desist
Orders; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has issued a general
exclusion order (‘‘GEO’’) denying entry
of certain water filters and components
thereof as well as two cease and desist
orders (‘‘CDOs’’). The investigation is
terminated.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3228. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
PO 00000
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Fmt 4703
Sfmt 4703
The
Commission instituted this investigation
on August 1, 2018, based on a
complaint, as amended, filed on behalf
of Electrolux Home Products, Inc. of
Charlotte, North Carolina, and KX
Technologies, LLC of West Haven,
Connecticut (collectively,
‘‘Complainants’’). 83 FR 37514 (Aug. 1,
2018). The complaint alleges violations
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (‘‘section
337’’) based on the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain water filters
and components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 8,673,146 (‘‘the ’146
patent’’), 8,137,551 (‘‘the ’551 patent’’),
9,233,322 (‘‘the ’322 patent’’), and
9,901,852 (‘‘the ’852 patent’’). Id. The
Commission’s notice of investigation
names eight respondents. Id. The Office
of Unfair Import Investigations (‘‘OUII’’)
is also a party to the investigation.
On October 3, 2018, the ALJ issued an
initial determination finding certain
respondents in default, specifically,
Shenzen Calux Purification Technology
Co., Limited (‘‘Calux’’); JiangSu Angkua
Environmental Technical Co., Ltd.
(‘‘Angkua Environmental’’); and
Shenzhen Dakon Purification Tech Co.,
Ltd. (collectively, ‘‘the Defaulting
Respondents’’). See Order No. 9 (Oct. 3,
2018), not reviewed, Notice (Oct. 25,
2018). The remaining respondents,
specifically, Ningbo Pureza Limited;
HongKong Ecoaqua Co., Limited; Ecolife
Technologies, Inc.; Ecopure Filter Co.,
Ltd.; and Crystala Filters LLC, were
terminated from the investigation due to
settlement. See Order Nos. 14, 15, 16,
not reviewed, Notice (April 1, 2019).
On February 12, 2019, Complainants
filed a motion for summary
determination of violation of section
337 by the Defaulting Respondents.
Complainants requested a general
exclusion order (‘‘GEO’’) and cease and
desist orders (‘‘CDOs’’) against all three
Defaulting Respondents. On March 8,
2019, OUII filed a response supporting
a finding of a violation as well as the
requested remedies of a GEO and CDOs
for two of the Defaulting Respondents
(Calux and Angkua Environmental).
The ALJ issued the subject ID on July
11, 2019, granting the motion for
summary determination and finding a
violation of section 337 by the
Defaulting Respondents. Specifically,
the ID found that Complainants
established infringement of claims 1–3,
6, 7, and 15 of the ’146 patent, claim 49
of the ’551 patent, claims 1–3, 7–9, and
12–15 of the ’322 patent, and claims 1,
4–6, 9–11, 14–18, and 21–31 of the ’852
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
patent with respect to each Defaulting
Respondents’ accused product(s) by
substantial, reliable, and probative
evidence. The ALJ recommended that
the Commission issue a GEO and CDOs
against Calux and Angkua
Environmental. The ALJ also
recommended setting a bond during
Presidential review in the amount of
100 percent. Id. No party petitioned for
review of the subject ID.
On August 28, 2019, the Commission
issued a Notice stating that the
Commission determined to review the
ID in part and, on review, to correct an
error in a citation and a typo. 84 FR
45170 (Aug. 28, 2019). The
Commission’s determination resulted in
finding a violation of section 337. Id.
The Notice also requested written
submissions on remedy, the public
interest, and bonding. See id.
On September 6, 2019, Complainants
submitted a brief on remedy, the public
interest, and bonding, requesting that
the Commission issue a GEO, issue
CDOs against two of the three Defaulting
Respondents, and set a bond of 100
percent during the Presidential review
period. On the same day, OUII also
submitted a brief on remedy, the public
interest, and bonding, supporting the
ALJ’s recommended GEO, CDOs against
two of the Defaulting Respondents, and
bond in the amount of 100 percent. On
September 13, 2019, OUII submitted a
reply to Complainants’ opening brief.
No other submissions were filed in
response to the Notice.
The Commission finds that the
statutory requirements for relief under
section 337(d)(2) are met with respect to
the Defaulting Respondents. See 19
U.S.C. 1337(d)(2). In addition, the
Commission finds that the public
interest factors enumerated in section
337(d)(1) do not preclude issuance of
statutory relief. See id. at 1337(d)(1).
The Commission has determined that
the appropriate remedy in this
investigation is: (1) a GEO prohibiting
the unlicensed entry of certain water
filters and components thereof that
infringe one or more of claims 1–3, 6,
and 7 of the ’146 patent; claim 49 of the
’551 patent; claims 1–3, 7–9, and 12–15
of the ’322 patent; and claims 14–18 and
21–31 of the ’852 patent; and (2) CDOs
against Angkua Environmental and
Calux. The Commission has also
determined that the bond during the
period of Presidential review pursuant
to 19 U.S.C. 1337(j) shall be in the
amount of 100 percent of the entered
value of the imported articles that are
subject to the GEO and CDOs. The
Commission’s orders were delivered to
the President and to the United States
Trade Representative on the day of its
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17:41 Nov 15, 2019
Jkt 250001
issuance. The investigation is
terminated.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in Part
210 of the Commission’s Rules of
Practice and Procedure, 19 CFR part
210.
By order of the Commission.
Issued: November 12, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–24860 Filed 11–15–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–630 and 731–
TA–1462 (Preliminary)]
Glass Containers From China;
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of imports
of glass containers from China, provided
for in subheading 7010.90.50 of the
Harmonized Tariff Schedule of the
United States, that are alleged to be sold
in the United States at less than fair
value (‘‘LTFV’’) and to be subsidized by
the government of China.2
Commencement of Final Phase
Investigations
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigations.
The Commission will issue a final phase
notice of scheduling, which will be
published in the Federal Register as
provided in section 207.21 of the
Commission’s rules, upon notice from
the U.S. Department of Commerce
(‘‘Commerce’’) of affirmative
preliminary determinations in the
investigations under sections 703(b) or
733(b) of the Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under sections 705(a) or 735(a) of the
Act. Parties that filed entries of
appearance in the preliminary phase of
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 84 FR 56168 and 84 FR 56174 (October 21,
2019).
PO 00000
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Fmt 4703
Sfmt 4703
63677
the investigations need not enter a
separate appearance for the final phase
of the investigations. Industrial users,
and, if the merchandise under
investigation is sold at the retail level,
representative consumer organizations
have the right to appear as parties in
Commission antidumping and
countervailing duty investigations. The
Secretary will prepare a public service
list containing the names and addresses
of all persons, or their representatives,
who are parties to the investigations.
Background
On September 25, 2019, the American
Glass Packaging Coalition, Tampa,
Florida, and Chicago, Illinois, filed
petitions with the Commission and
Commerce, alleging that an industry in
the United States is materially injured
or threatened with material injury by
reason of subsidized imports of glass
containers from China and LTFV
imports of glass containers from China.
Accordingly, effective September 25,
2019, the Commission, pursuant to
sections 703(a) and 733(a) of the Act (19
U.S.C. 1671b(a) and 1673b(a)), instituted
countervailing duty investigation No.
701–TA–630 and antidumping duty
investigation No. 731–TA–1462
(Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register of October 2, 2019 (84
FR 52536). The conference was held in
Washington, DC, on October 16, 2019,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made these
determinations pursuant to sections
703(a) and 733(a) of the Act (19 U.S.C.
1671b(a) and 1673b(a)). It completed
and filed its determinations in these
investigations on November 12, 2019.
The views of the Commission are
contained in USITC Publication 4996
(November 2019), entitled Glass
Containers from China: Investigation
Nos. 701–TA–630 and 731–TA–1462.
By order of the Commission.
Issued: November 12, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–24858 Filed 11–15–19; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\18NON1.SGM
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Agencies
[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63676-63677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24860]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1126]
Certain Water Filters and Components Thereof; Issuance of a
General Exclusion Order and Cease and Desist Orders; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has issued a general exclusion order (``GEO'') denying entry
of certain water filters and components thereof as well as two cease
and desist orders (``CDOs''). The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW, Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on August 1, 2018, based on a complaint, as amended, filed on behalf of
Electrolux Home Products, Inc. of Charlotte, North Carolina, and KX
Technologies, LLC of West Haven, Connecticut (collectively,
``Complainants''). 83 FR 37514 (Aug. 1, 2018). The complaint alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337'') based on the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain water filters and components thereof by
reason of infringement of certain claims of U.S. Patent Nos. 8,673,146
(``the '146 patent''), 8,137,551 (``the '551 patent''), 9,233,322
(``the '322 patent''), and 9,901,852 (``the '852 patent''). Id. The
Commission's notice of investigation names eight respondents. Id. The
Office of Unfair Import Investigations (``OUII'') is also a party to
the investigation.
On October 3, 2018, the ALJ issued an initial determination finding
certain respondents in default, specifically, Shenzen Calux
Purification Technology Co., Limited (``Calux''); JiangSu Angkua
Environmental Technical Co., Ltd. (``Angkua Environmental''); and
Shenzhen Dakon Purification Tech Co., Ltd. (collectively, ``the
Defaulting Respondents''). See Order No. 9 (Oct. 3, 2018), not
reviewed, Notice (Oct. 25, 2018). The remaining respondents,
specifically, Ningbo Pureza Limited; HongKong Ecoaqua Co., Limited;
Ecolife Technologies, Inc.; Ecopure Filter Co., Ltd.; and Crystala
Filters LLC, were terminated from the investigation due to settlement.
See Order Nos. 14, 15, 16, not reviewed, Notice (April 1, 2019).
On February 12, 2019, Complainants filed a motion for summary
determination of violation of section 337 by the Defaulting
Respondents. Complainants requested a general exclusion order (``GEO'')
and cease and desist orders (``CDOs'') against all three Defaulting
Respondents. On March 8, 2019, OUII filed a response supporting a
finding of a violation as well as the requested remedies of a GEO and
CDOs for two of the Defaulting Respondents (Calux and Angkua
Environmental).
The ALJ issued the subject ID on July 11, 2019, granting the motion
for summary determination and finding a violation of section 337 by the
Defaulting Respondents. Specifically, the ID found that Complainants
established infringement of claims 1-3, 6, 7, and 15 of the '146
patent, claim 49 of the '551 patent, claims 1-3, 7-9, and 12-15 of the
'322 patent, and claims 1, 4-6, 9-11, 14-18, and 21-31 of the '852
[[Page 63677]]
patent with respect to each Defaulting Respondents' accused product(s)
by substantial, reliable, and probative evidence. The ALJ recommended
that the Commission issue a GEO and CDOs against Calux and Angkua
Environmental. The ALJ also recommended setting a bond during
Presidential review in the amount of 100 percent. Id. No party
petitioned for review of the subject ID.
On August 28, 2019, the Commission issued a Notice stating that the
Commission determined to review the ID in part and, on review, to
correct an error in a citation and a typo. 84 FR 45170 (Aug. 28, 2019).
The Commission's determination resulted in finding a violation of
section 337. Id. The Notice also requested written submissions on
remedy, the public interest, and bonding. See id.
On September 6, 2019, Complainants submitted a brief on remedy, the
public interest, and bonding, requesting that the Commission issue a
GEO, issue CDOs against two of the three Defaulting Respondents, and
set a bond of 100 percent during the Presidential review period. On the
same day, OUII also submitted a brief on remedy, the public interest,
and bonding, supporting the ALJ's recommended GEO, CDOs against two of
the Defaulting Respondents, and bond in the amount of 100 percent. On
September 13, 2019, OUII submitted a reply to Complainants' opening
brief. No other submissions were filed in response to the Notice.
The Commission finds that the statutory requirements for relief
under section 337(d)(2) are met with respect to the Defaulting
Respondents. See 19 U.S.C. 1337(d)(2). In addition, the Commission
finds that the public interest factors enumerated in section 337(d)(1)
do not preclude issuance of statutory relief. See id. at 1337(d)(1).
The Commission has determined that the appropriate remedy in this
investigation is: (1) a GEO prohibiting the unlicensed entry of certain
water filters and components thereof that infringe one or more of
claims 1-3, 6, and 7 of the '146 patent; claim 49 of the '551 patent;
claims 1-3, 7-9, and 12-15 of the '322 patent; and claims 14-18 and 21-
31 of the '852 patent; and (2) CDOs against Angkua Environmental and
Calux. The Commission has also determined that the bond during the
period of Presidential review pursuant to 19 U.S.C. 1337(j) shall be in
the amount of 100 percent of the entered value of the imported articles
that are subject to the GEO and CDOs. The Commission's orders were
delivered to the President and to the United States Trade
Representative on the day of its issuance. The investigation is
terminated.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and
in Part 210 of the Commission's Rules of Practice and Procedure, 19 CFR
part 210.
By order of the Commission.
Issued: November 12, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-24860 Filed 11-15-19; 8:45 am]
BILLING CODE 7020-02-P